Background case of passport for a minor child separated from mother

In a recent legal case, the Rajasthan High Court, presided over by Justice Arun Monga, addressed a critical issue concerning the renewal of a passport for a minor child. The child, aged eleven, found himself abandoned by his father and separated from his mother against their wishes. The parents, who initially married in India in 2010, later moved to the USA. However, differences emerged between them, leading to the dissolution of their marriage through a consent order issued on 26-08-2014 by a competent court in California.

Following the divorce, the child’s mother continued to reside and work in the USA as a business architecture specialist in Chicago, currently residing in Tennessee. The minor child applied for his passport on 18-09-2017, and the passport authority duly issued a passport valid until 17-09-2022. Subsequently, on 08-07-2023, the child’s mother applied for the renewal of his passport. However, the renewal process faced objections from the respondents, citing the absence of declarations from both parents as required by Annexure D of the passport instruction booklet.

On 12-10-2023, the child’s mother, armed with a certified copy of the dissolution order, approached the respondent authorities seeking passport renewal. Unfortunately, the authorities declined the renewal, prompting the petitioner (the minor child) to file the present petition.

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Analysis of Rajasthan High Court case of child separated from mother 

The court, under Justice Arun Monga, characterized the case as peculiar and distressing, emphasizing the unfortunate circumstances surrounding a minor child being deprived of maternal love and affection due to the father’s abandonment. Notably, the father’s whereabouts had been unknown since June 2018, compelling the minor child to reside with maternal grandparents, as the mother was working and residing in the USA.

In examining the timeline, the court observed that the parents were together when the minor son’s first passport was issued in 2017, post their divorce in California. The court found it perplexing that the renewal process, a seemingly routine matter, faced unnecessary delays and obstacles, particularly given the absence of objections from the father.

The court questioned the logic behind expecting a divorced wife to involve an absent husband, whose whereabouts were unknown, in the renewal process. This was especially puzzling considering the husband had previously submitted to the jurisdiction of the court during the divorce proceedings in California. Additionally, the court referenced specific clauses from the Compendium of Instructions Guidelines on passport issuance dated 31-05-2022, highlighting that the single parent, in this case, the mother, had fulfilled the required affidavit submission.

The court pointed out that the father had not objected to the passport issuance and, in fact, had abandoned his son without fulfilling child care support obligations outlined in the divorce decree. Expressing concern for the child’s educational and naturalization opportunities in the USA, the court emphasized the potential adverse consequences of delaying the passport renewal.

Consequently, the court directed the respondents to issue the passport promptly, placing the blame for the delay squarely on the respondents. The court stressed the urgency of facilitating the child’s return to the USA, allowing the grandparents to send him. Any deficiencies noted during the issuance process were to be temporarily overlooked, contingent upon the completion of necessary formalities within a specified time frame. Failure to comply would grant the competent authority the right to seek cancellation of the passport.

The court’s decision prioritized the well-being of the minor child, emphasizing the need for swift passport renewal and the authorities’ responsibility to ensure an efficient process.

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